Gordon Legal has commenced a class action against the Emergency Services Superannuation Board (ESSSuper) for unpaid super entitlements.

In an update on the class action law firm’s website, it argued that ESSSuper failed to include shift penalty allowances when determining the super to be paid to some Transport Superannuation Fund members.

The class action covers people who are retired and people who are still working, and will represent a mix of transport workers who are still actively working and those who have already retired and are eligible to join the legal action.

The group proceeding is partly funded by Omni Bridgeway, with the balance funded by Gordon Legal on a “No- win, No-Fee” basis.

If the group proceeding is successful, the funding agreements provide for the Funder to be reimbursed the legal costs it has paid, and paid a funding commission of between 15 per cent and 25 per cent of the total Resolution Sum.